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First Substitute H.B. 11

Representative Don E. Bush proposes the following substitute bill:





Sponsor: Don E. Bush

             6      This act modifies the Utah Labor Code by modifying provisions governing the Utah
             7      Occupational Safety and Health Advisory Council.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          34A-6-106, as renumbered and amended by Chapter 375, Laws of Utah 1997
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 34A-6-106 is amended to read:
             13           34A-6-106. Occupational Safety and Health Advisory Council -- Appointment.
             14          (1) (a) There is created a Utah Occupational Safety and Health Advisory Council to assist
             15      the division in standard formulation.
             16          (b) Voting members on the council shall be appointed by the commissioner and shall
             17      consist of six persons selected upon the basis of their experience and competence in the field of
             18      occupational safety and health and shall include:
             19          (i) two representatives of labor;
             20          (ii) two representatives of industry; and
             21          (iii) two representatives of the public.
             22          (c) In addition to the voting members under Subsection (1)(b), the commissioner or the
             23      commissioner's designee shall serve as a nonvoting member.
             24          (2) (a) Except as required by Subsection (2)(b), as terms of current council members
             25      expire, the commissioner shall appoint each new member or reappointed member to a four-year

             26      term.
             27          (b) Notwithstanding the requirements of Subsection (2)(a), the commissioner shall, at the
             28      time of appointment or reappointment, adjust the length of terms to ensure that the terms of council
             29      members are staggered so that approximately half of the council is appointed every two years.
             30          (c) The commissioner may reappoint any council member for additional terms.
             31          (d) The commissioner or the commissioner's designee shall serve as chair of the council
             32      and call all necessary meetings.
             33          (3) The council shall [confer at least quarterly] meet as needed when called by the chair.
             34          (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
             35      be appointed for the unexpired term.
             36          (b) The commissioner shall terminate the term of any council member who ceases to be
             37      a representative as designated by the member's original appointment.
             38          (5) The administrator shall furnish the council clerical, secretarial, and other services
             39      necessary to conduct the business delegated to the council.
             40          (6) (a) Members shall receive no compensation or benefits for their services, but may
             41      receive per diem and expenses incurred in the performance of the member's official duties at the
             42      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             43          (b) Members may decline to receive per diem and expenses for their service.

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